COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020

MINUTES – REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 28, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION

Present: All Council Members present attended by video conference Acting Mayor / Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew

Absent: Mayor Don Darling Councillor Ward 3 Donna Reardon Councillor Ward 4 Ray Strowbridge

Also Present: All staff present attended by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Commissioner Growth & Community Development J. Hamilton Deputy Commissioner Finance and Administration I. Fogan Common Clerk J. Taylor Deputy Common Clerk P. Anglin Administrative Officer R. Evans

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To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; the following Members were noted absent: Mayor Don Darling, Councillor R. Strowbridge, Councillor D. Reardon. To ensure access to the public and transparency of the meeting, livestreaming on the City’s YouTube feed is provided. Rogers TV also provides the public live streaming of the Council meeting.

1. Call to Order

Acting Mayor / Deputy Mayor McAlary extended condolences on behalf of Council on the passing of community leaders Kenneth Gould and Bill Gale.

Deputy Mayor McAlary also extended sincere thanks to John Nugent Q.C. City Solicitor on his 45 years of dedicated legal service to the City and his retirement on September 30th and welcomed the incoming General Counsel Melanie Tompkins.

The Deputy Mayor congratulated Premier on winning a majority Progressive Conservative government and to the elected Saint John MLAs: - Saint John Harbour, - Saint John Lancaster, - and - Portland Simonds.

2. Approval of Minutes

2.1 Minutes of August 31, 2020

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the minutes of August 31, 2020 be approved.

MOTION CARRIED.

3. Approval of Agenda

Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of Item 17.1 RFP 2020-091004P for Engineering Services: Site Works – Fundy Quay; 17.2 Chief City Engineer; and 17.3 Nominating Committee 68(1)(b) – Recommended Appointments to Committees.

MOTION CARRIED.

4. Disclosures of Conflict of Interest

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5. Consent Agenda

5.1 That as recommended by the City Manager in the submitted report M&C 2020- 238: Letter of Support for Adoption of the 2015 National Building Code of Canada, Common Council send a letter of support to the Province of , encouraging the adoption of the 2015 National Building Code of Canada as soon as possible.

5.2 That as recommended by the City Manager in the submitted report M&C 2020- 226: Materials Testing and Construction Inspection Services Agreement for 2019 and 2020, Common Council approve an increase to the Agreement with Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 from $683,660.05 to $950,000.00.

5.3 That as recommended by the City Manager in the submitted report M&C 2020- 232: Award for Demolition of the Building at 111-115 City Road (PID 55227342), Common Council approves that the tender submitted by Galbraith Construction Ltd, for the demolition of the building located at 111-115 City Road, PID# 55227342, in the amount of $79,400.00 plus HST be awarded.

5.4 That as recommended by the City Manager in the submitted report M&C 2020- 225: Consideration of Sale of Land for Public Purposes at 1250 Latimore Lake Road, Common Council approves the following:

1. That Common Council seek the concurrence of the Planning Advisory Committee to divest the property, identified as being PID No. 55125496 from being “Land for Public Purposes” and if so, deem the subject property surplus to its needs, and

2. In the event the Planning Advisory Committee concurs with such, it is further recommended that the above said property be sold to Caroline Bird for $30,000.00 plus H.S.T. (if applicable) with all costs associated with the sale of this land to be the responsibility of the purchaser; on condition the purchaser and any subsequent owner of the property retain the pond for drainage purposes; and

3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this transaction.

5.5 That as recommended by the City Manager in the submitted report M&C # 2020- 228 Fleet Replacement Procurement – September 2020, Common Council approves the award for the purchase of three (3) halfton, four wheel drive crew cab pick-up trucks and one (1) three-quarter ton, four wheel drive crew cab pick-up truck at a total cost of $192,237.30 plus HST to Dobson Chrysler Dodge.

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5.6 That as recommended by the City Manager in the submitted report M&C 2020- 236: Grant of Easement to Mike Cavanagh Homes Inc. at Corner of Germain Street and Lower Cove Loop, Common Copuncil approves that The City of Saint John enter into the Easement attached to M&C # 2020-236 for the placement of foundation footings as shown on an submitted plan of survey, titled, “Plan of Survey Showing Foundation Location of Mike Cavanagh Homes Inc.”; on condition that the proposed grant of easement would, subject to compliance with the terms and conditions hereof, exist for the duration of the life of the building constructed upon the footing foundations in question. The easement would be granted upon the precondition that the grantee has first delivered to the Building Inspector the following documentation:

1. A survey plan prepared by a licensed New Brunswick land surveyor confirming the distance which the footings in question extend into the public rights of way of each of Germain Street and Lower Cove Loop, which shall not in any event exceed in the case of Germain Street, 0.465 meters in width and in the case of Lower Cove Loop, 0.610 meters in width;

2. Written certification by a professional engineer licensed to practice in New Brunswick that the foundation footings have been constructed and installed in accordance with the engineering design and drawings submitted to the City’s Building Inspection Office;

3. A survey plan prepared by a licensed New Brunswick land surveyor confirming the location and elevation of the aforesaid foundation footings in relation to City infrastructure located beneath the surface of the rights of way of each of Germain Street and Lower Cove Loop, along the entire length of the proposed easement;

4. The grantee shall provide the City a Certificate of Insurance issued by an insurer authorized to conduct business in New Brunswick confirming a wrap-up liability policy against liability for bodily and property damage which might arise with respect to the footing foundations in question and which shall provide the following:

i. Coverage on an occurrence basis with inclusive limits of at least $5,000,000; ii. That the City of Saint John named as an additional insured with respect to the operations associated with the proposed easement; iii. Coverage for bodily injury and property damage in the amount of $5,000,000.00 on an occurrence basis; iv. A cross-liability clause; v. Completed operations coverage; vi. A requirement to provide the City 30 days advance written notice in the event of the cancellation, substantial amendment or lapse of this policy; and vii. Coverage for broad form property damage;

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5. The grantee pay to the City of Saint John $1,000.00 plus HST (if applicable) for the easement; and

6. Common Council approves that the Mayor and Common Clerk be authorized to execute the Grant on behalf of the City.

5.7 That as recommended by the City Manager in the submitted report M&C 2020- 240: City Market Lease with A Whale of a Café doing business as The Wild Carrot Café, Common Council authorizes the following:

1. That the City enter into a Lease for Stall D in the City Market with A Whale of a Café doing business as The Wild Carrot Café, under the terms and conditions as set out in the Lease submitted with M&C 2020-240; and 2. That the Mayor and Common Clerk be authorized to execute any necessary documents.

5.8 That as recommended by the City Manager in the submitted report M&C 2020- 224: Proposed Public Hearing Date – 215 Somerset Street, Common Council approves the following:

1. That the public hearing for the Zoning By-law amendment for Maria Jimenez (215 Somerset Street) be scheduled for Monday November 9, 2020 at 6:30 p.m. to occur in Council Chamber with a remote participation option, and 2. That these applications be referred to the Planning Advisory Committee for a report and recommendation.

5.9 That as recommended by the City Manager in the submitted report M&C 2020- 230: Termination of Video Agreement with CGI Communications, Common Council approves the following: that the Mayor and Common Clerk be authorized to terminate the agreement with CGI and that the Common Clerk send written notice to CGI.

5.10 That as recommended by the City Manager in the submitted report M&C 2020- 237: Real Property Attribute Information Distribution Agreement, Common Council approves the following: 1. That the City enter into a Civic Address / Parcel Location Update Agreement with Service New Brunswick for the right to use property attribute information as described therein in the form attached to M&C No. 2020-237; and 2. That the Mayor and Common Clerk be authorized to execute the necessary contract documents.

5.11 That as recommended by the City Manager in the submitted report M&C 2020- 241: Permit and Development Approvals Fees – Sustainability Item Referral Report and Setting of Public Hearings, Common Council approves the following:

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1. That the proposed amendments to the Building By-law, Zoning By-law and Subdivision By-law concerning fees be referred to the Planning Advisory Committee for its meeting of October 20, 2020; 2. That the proposed amendments to the Heritage Conservation Areas Bylaw concerning fees be referred to the Heritage Development Board for its meeting of October 7, 2020; 3. That the public hearing date of November 16, 2020 be scheduled to consider an amendment to the Zoning By-law concerning fees; and 4. That the public hearing date of November 16, 2020 be scheduled to consider an amendment to the Heritage Conservation Areas By-law concerning fees.

Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted.

MOTION CARRIED UNANIMOUSLY.

6. Members Comments

7. Proclamations

The Deputy Mayor declared October 2, 2020 as Wrongful Conviction Day in The City of Saint John.

8. Delegations/Presentations

9. Public Hearings 6:30 PM

9.1 Proposed Section 59 Amendment with PAC report recommending amendment – 30 King George Court

The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 59 conditions imposed on the 29th of March, 2010, located on the property at 30 King George Court also identified as PID No. 55218218 to permit a tenant storage building in place of a 4-unit dwelling with no written objections or letters of support received.

Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its August 18, 2020 meeting at which the Committee recommended the amendment of the existing Section 59 conditions as described above.

Commissioner Hamilton advised on the purpose for the application, to permit a tenant storage building. PAC and staff both are in favour of the application being approved. The

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COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 applicant Gordon Breau is available for questions. There are no registered speakers to speak against or in favour of the application.

Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that Common Council amend the resolution adopted on March 29th , 2010, pursuant to Section 59 of the Community Planning Act, imposed on the rezoning of a parcel of land having an area of approximately 0.57 hectares, located at 25-35 Bentley Street (now known by the civic address 30 King George Court), also identified as PID Numbers 55218218, 55218259, and 55218200, by replacing part (a) with the following:

(a) That the use and development of the subject property be limited to a two-storey office building with a maximum ground floor area of 250 square metres (3,770 square feet) containing an office use, 2-12 unit multiple residential buildings with a height of three stories each and one tenant storage building no taller than one storey.

MOTION CARRIED.

9.2 Proposed Zoning Bylaw Amendment with PAC report recommending rezoning – 4001 King William Road (1st and 2nd Reading)

The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE) with no written objections or letters of support received.

Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its August 18, 2020 meeting at which the Committee recommended the rezoning of a parcel of land located at 4001 King William Road as described above.

Commissioner Hamilton advised of the proposed rezoning of the property at 4001 King William Road from Medium Industrial (MI) to Green Energy (GE) zone to allow expansion of zoned area of the Burchill Wind Energy project to maximize wind exposure efficiencies. The PAC and planning staff recommend approval of the application. The applicant’s representative Meg Morris Development Officer Natural Forces registered to speak as part of the Public Hearing. There are no others registered to present against or in favour of the application.

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Meg Moris provided support for the project and was in agreement with the PAC and staff reports.

Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” rezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE), be read a first time.

MOTION CARRIED.

Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” rezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE), be read a second time.

MOTION CARRIED.

Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”

Councillor Merrithew lost connection after the conclusion of the public hearing including 1st reading and vote on 9.2; Councillor Merrithew is qualified to vote on 3rd reading of the rezoning – 4001 King William Road.

9.3 Proposed Zoning Bylaw Amdment with PAC report recommending rezoning – 445 St. Martins Road (1st and 2nd Reading)

The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU)

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COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 to Neighbourhood Community Facility (CFN) with no written objections or letters of support received.

Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its August 18, 2020 meeting at which the Committee recommended the rezoning of a parcel of land located at 445 St. Martins Road as described above with Section 59 Conditions.

Commissioner Hamilton advised that the proposed rezoning located at 445 St. Martins Road is to allow a day care centre. Both the PAC and planning staff support the development and recommend approval of the application. The applicant Dana Whitenect is registered to present as part of the Public Hearing. There are no other registered speakers. Dana Whitenect was available to respond to questions.

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN), be read a first time.

MOTION CARRIED.

Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN), be read a second time.

MOTION CARRIED.

Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.

Councillor Merrithew lost connection and was not able to hear the public hearing on 9.3; Councillor Merrithew is disqualified from voting on the rezoning – 445 St. Martins Road.

10. Consideration of Bylaws

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10.1 Vehicle for Hire By-Law Changes

The City Manager advised that on May 4th 2020 Council approved as a temporary measure to extend by 1 year the age of vehicles as recovery efforts during the COVID pandemic. The Council resolution stated that the matter was to be brought back for further Council consideration in September.

Referring to the submitted report entitled Vehicle for Hire By-Law Changes (M-12) General Manager, Saint John Transit M. Dionne outlined the temporary 1 year extension of the age of the vehicles in place and recommended the extension to continue as a permanent adjustment.

Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report, “Vehicle for Hire By-Law Changes (M-12)”, Common Council approve the following: a) Endorse a permanent adjustment to the 7-year age limit of a Taxi. The age limit would move from seven (7) years to eight (8) years of age; and, b) Request that the City Solicitor’s office make the appropriate changes, to the Vehicle for Hire By-Law.

MOTION CARRIED.

11. Submissions by Council Members

12. Business Matters - Municipal Officers

12.1 City Manager Update (Verbal)

The City Manager advised the draft budget implementation for 2021 has been approved by Council. Staff is waiting for the provincial tax roll to make any adjustments required. The tax roll is expected to be delived early November. The 2020 budget is also on track and being monitored; it is also expected to be balanced.

The renovated City Hall relocation is on track within the existing 15 Market Square location. The space has been occupied by the City since 1971 and the facelift to a more efficient workspace will savethe City more than $700,000 on annual rental fees. The next meeting of Council is intended to be held in person in the newly renovated Council Chambers. However the City Manager cautioned that due to the COVID pandemic the public is encouraged to continue to participate by following on the livestream on YouTube or Rogers Cable TV. The necessary COVID 19 protocols are in place for social distancing and face masks.

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The newly integrated Customer Service facility, a One Stop Shop service will open on the ground floor of City Hall October 13.

The newly elected provincial government and cabinet will be sworn in tomorrow. The City will promote discussion with the government on the transformational change reforms including: regional cost sharing, property tax reform and changes to binding arbitration. Staff continue to engage on the following required changes: ABC reforms and the implementation of the Ernst and Young report.

The City will follow the forthcoming recommendations from the Chief Medical Officer of Health concerning Hallowween activity.

The City Manager recognized the staff volunteer time devoted to COVID 19 recovery efforts through the Thursday Night Market initiative and the Open Street initiative.

Moved by Councillor Hickey, seconded by Councillor Merrithew: RESOLVED that the standing item Sustainability Update presented verbally by the City Manager be received for information.

MOTION CARRIED.

12.2 Demoliton of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810)

Commissioner Hamilton advised that staff did reach out to contact the owners, however no owner, including anyone holding and encumbrance upon this property, the building located at 123-125 Main Street (PID 00378810), registered to present evidence that the building is structurally sound and not dilapidated. The registration process is necessary during the COVID pandemic to provide an owner, including anyone holding any encumbrance upon the property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated.

Ben Purinton presented the report entitled Demoliton of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810), illustrating the dilapidated state of the building.

Moved by Councillor Hickey , seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 233: Demolition of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810), Common Council adopts the following recommendation:

RESOLVED that the building located at 123-125 Main Street, PID# 00378810, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and

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BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies.

MOTION CARRIED.

12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595)

Commissioner Hamilton advised that no owner, including anyone holding and encumbrance upon this property, the building located at 135 Main Street, 5 Albert Street (PID 00374595), registered to present evidence that the building is structurally sound and not dilapidated. The registration process is necessary during the COVID pandemic to provide an owner, including anyone holding any encumbrance upon the property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated.

Ben Purinton presented the report entitled Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595),illustrating the dilapidated state of the building.

Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 234: Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595), Common Council adopts the following:

RESOLVED that the building located at 135 Main Street, 5 Albert Street, PID#00374595, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and

BE IT FURTHER RESOLVED that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and

BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies.

MOTION CARRIED.

12.4 Update on MoveSJ: Saint John’s New Transportation Plan

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Referring to the submitted report entitled M&C 2020-239 Update on MoveSJ: Saint John’s New Transportation Plan Tim O’Reilly provided an update of the aspirational goal of MoveSJ: providing each Saint John citizen an opportunity to use the mode of transportation of their choice and be safe while doing so. The plan commenced in 2015, Phase 1 and Phase 2 are complete. The plan is currently in its final Phase 3.

Moved by Councillor Hickey, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020-239: Update on MoveSJ: Saint John’s New Transportation Plan, be received for information.

MOTION CARRIED.

12.5 Update #2 – Water Levels in the South Bay Wellfield

Referring to the submitted report entitled M&C 2020-229: Update #2 – Water Levels in the South Bay Wellfield Commissioner McGovern advised Council of the transition of some areas from the South Bay Wellfield as their primary drinking water source to drinking from the new Loch Lomond Drinking Water Treatment Facility. Reducing the demand on the South Bay Wellfield by transitioning the six neighbourhoods has caused the water levels to rise from approximately 1.72 meters below sea level in February 2020 to approximately 0.25 meters above mean sea level around the end of May 2020. The average water level in the three production wells as of mid-September is 1.23 meters above sea level.

The aquifer continues to recover such that the City should return to compliance with the Approval to Operate (regulatory) requirement of +1 metre above mean sea level for each of the wells. The only well now below the 1 metre requirement is well # 3. Saint John Water continues to closely monitor the South Bay Wellfield water levels in conjunction with the Department of Environment and Local Government.

Moved by Councillor Casey, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2020-229: Update #2 – Water Levels in the South Bay Wellfield, be received for information.

MOTION CARRIED.

12.6 Safe Clean Drinking Water Project – Final Completion Milestone

Referring to the submitted report entitled M&C 2020-244: Safe Clean Drinking Water Project – Final Completion Milestone Commissioner McGovern advised that the Independent Certifier issued the certificate of Final Completion on August 31, 2020. The project completed is just over $1,008,000 under budget or 0.55% of the budgeted amount.

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Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020-244: Safe Clean Drinking Water Project – Final Completion Milestone, be received for information.

MOTION CARRIED.

12.7 Municipal Legislative Authority respecting Racial Discrimination

Referring to the submitted report entitled M&C 2020-242: Municipal Legislative Authority respecting Racial Discrimination, City Solicitor, J. Nugent opined on the authority of the local government to enact bylaws respecting racial discrimination. Having reviewed the relevant legislation, it is the City Solicitor’s opinion that the New Brunswick Legislature has not delegated to local governments the authority to enact bylaws which would prohibit discrimination based upon race and provide a penalty for the breach of that prohibition.

Moved by Councillor Hickey, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020-242: Municipal Legislative Authority respecting Racial Discrimination, be received for information.

MOTION CARRIED.

12.8 Economic and Community Recovery – 15 Minute Parking Spaces

Referring to the submitted report entitled M&C 2020-170: Economic and Community Recovery – 15 Minute Parking Spaces, Population Growth Manager D. Dobbelsteyn advised Council of the 15 Minute Parking Spaces initiative intended as a pilot to support the commercial districts impacted by the COVID pandemic. Having reviewed the pilot and received public input staff now recommend that Council revert the 15-Minute parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking.

Moved by Councillor Sullivan, seconded by Councillor Casey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 170: Economic and Community Recovery – 15 Minute Parking Spaces, Common Council approve the following:

1. Direct staff to prepare Traffic Bylaw amendments to: a) Revert the 15-Minute Parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking; and

2. Implement a more streamlined approach that would enable further changes to 15- minute parking at the discretion of the City manager and direct staff to update the

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COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 remaining 15-minute parking spaces so they better delineate the actual location of the 15-minute parking spaces.

3. Direct staff to conduct a public engagement with our local economic partners, and local businesses on the 15-minute parking program and other economic and community recovery initiatives.

MOTION CARRIED.

13. Committee Reports

14. Consideration of Issues Separated from Consent Agenda

15. General Correspondence

15.1 UNBSJ – Request to Present (Recommendation: Refer to the Clerk to Schedule)

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the UNBSJ Request to Present be referred to the Clerk to schedule.

MOTION CARRIED.

15.2 Purity Ice Cream Building 111 City Road – Request to Delay Demoliton (Recommendation: Deny Request)

Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the request to present to Council and to delay the demolition of the Purity Ice Cream Building at 111 City Road, be denied.

MOTION CARRIED.

15.3 Cities of New Brunswick Letter – Congratulations to Blaine Higgs (Recommendation: Receive for Information)

Moved by Councillor Merrtihew, seconded by Councillor MacKenzie: RESOLVED that the letter from the Cities of New Brunswick congratulating Premier Higgs on his re-election, be received for information.

MOTION CARRIED.

16. Supplemental Agenda

17. Committee of the Whole

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17.1 RFP 2020-091004P for Engineering Services: Site Works – Fundy Quay

Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, that the City reject all Proposals for RFP 2020-091004P Engineering Services: Site Works – Fundy Quay in the event that the City does not receive formal written approval of its application for funding on or before the 30th day of September, 2020; said application being dated the 27th day of June, 2019 and submitted under the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program (ICIP).

MOTION CARRIED.

17.2 Chief City Engineer

Moved by Councillor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, Common Council approves the appointment of Michael Baker, P.Eng. to assume the position and attendant responsibilities of Chief City Engineer in addition to his newly appointed responsibilities as Director of Engineering effective October 1, 2020.

MOTION CARRIED.

17.3 Nominating Committee 68(1)(b) – Recommended Appointments to Committees

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, Common Council make the following appointments to Committees:

Canada Games Foundation: to reappoint Clare Northcott for a 3 year term from September 28, 2020 to September 28, 2023;

Heritage Development Board: to reappoint Jamie Watson from December 11, 2020 to December 11, 2023 and to appoint Michael Cummings, Jason Haggerty, and Alana Lawson each for 3 year terms from September 28, 2020 to September 28, 2023;

Lord Beaverbrook Arena: to appoint Jeff Bower for a 3 year term from September 28, 2020 to September 28, 2023;

Planning Advisory Committee: to appoint Neil Clements for a 3 year term from September 28, 2020 to January 1, 2023;

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COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020

Saint John Free Public Library: to reappoint Ben Whitney for a 3 year term from November 29, 2020 to November 29, 2023; and to appoint Jian Zhu for a 3 year term from September 28, 2020 to September 28, 2023;

Strategic Planning Steering Committee: to amend the composition of the board from 6 members to 7 members; to appoint Morgan Lanigan, Carrie Tanasichuk and Nicole Fair until the end of the project; and to appoint Don Darling, David Merrithew, Blake Armstrong, and Donna Reardon to the ends of their current terms of Council.

MOTION CARRIED.

18. Adjournment

Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on September 28, 2020 be adjourned.

MOTION CARRIED.

The Mayor declared the meeting adjourned at 8:50 p.m.

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